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McCleary ("Mac") H. Sanborn, III Attorney at Law 23 Hitchcock Way, Suite 106 Santa Barbara, CA 93105 (805) 898-2501 Tel 805.898.2503 Fax

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McCleary ("Mac") H. Sanborn, III Attorney at Law
23 Hitchcock Way | Suite 106 | Santa Barbara, CA 93105

“Satisfying clients is my highest priority.”(805) 898-2501

Irreconcilable Differences & Irremediable Breakdown (Contested Divorce)

Contesting a Divorce in California Based on Irreconcilable Differences

A Santa Barbara attorney assists with contested divorce

A contested divorce occurs when spouses disagree. For example, one spouse demands full custody of a child. This is an emotionally draining type of divorce, one that can cause significant friction between spouses. As an experienced divorce attorney well versed in courtroom procedures and judicial expectations, I, McCleary (Mac) H. Sanborn, III, Attorney at Law act as a powerful mediator in these situations to mitigate the emotional and psychological stress that a contested divorce can produce.

As your divorce lawyer, I make sure you understand the following bases for divorce:

  • Irreconcilable difference
  • Irremediable breakdown
  • Incurable insanity

What is meant by irreconcilable differences?

When couples cite irreconcilable differences as their grounds for divorce, it means at least one spouse could simply not overcome, or reconcile, certain issues in the marriage. They cannot get along. Irreconcilable differences are often cited in a no-fault divorce in California. As long as one spouse claims there are irreconcilable differences in the marriage and these differences have caused the irremediable breakdown of the marriage, the divorce will be granted even if the other spouse does not want the divorce.

What is meant by irremediable breakdown?

An irremediable breakdown occurs when one spouse believes that irreconcilable differences between the spouses have caused the marriage or domestic partnership to erode beyond repair. Many divorces are filed because of the feeling the marriage is broken and cannot be fixed.

What does incurable insanity mean in divorce proceedings?

Incurable insanity is one of the two main grounds for divorce in California but is rarely used. A medical professional, usually a psychiatrist, must conclude and be willing to testify that one party in the marriage was incurably insane at the time the divorce petition was filed. Because it’s difficult to diagnose insanity, the use of incurable insanity as grounds for divorce is seldom used.

Help with contested divorce in Santa Barbara County

Call McCleary (Mac) H. Sanborn, III, Attorney at Law today at (805) 898-2501 or email me to set up your free consultation for help with your divorce matter. My office serves clients in Santa Barbara and Santa Maria, as well as Santa Ynez, Summerland, Lompoc, Los Olivos, Solvang, Buellton and Carpinteria. We’re located across from Whole Foods at State & Hitchcock, near La Cumbre Plaza.

McCleary ("Mac") H. Sanborn, III Attorney at Law
23 Hitchcock Way, Suite 106
Santa Barbara, CA, 93105 USA